After years of work by advocacy groups, Congress has finally gotten the message that we can no longer maintain the status quo of our current federal prison system. Congress unveiled the S.A.F.E. Justice Act in 2015 and that bill was quickly and quietly rejected. Shortly thereafter, the bipartisan Sentencing Reform and Corrections Act (S.2123) was announced.
S.2123 is intended to alleviate the serious overcrowding problem within our federal prisons. Through “sweeping” sentencing reforms, the major portion of the bill would reduce mandatory minimum sentences for some drug offenses, amend mandatory minimum sentences for firearm offenses, and make the Fair Sentencing Act of 2010 retroactive for those defendants who were sentenced under a statutory drug sentence rather than under the Guidelines calculation.
Dissenters of the reform bill caution that retroactive application of major provisions of the bill would “jeopardize public safety”. Because the heart of the bill focuses on lowering sentences for certain drug offenses, former officials such as John Ashcroft who opposed the bill warn that “violent criminals will be released,” and recidivism rates will be high for those drug offenders who receive a reduction in their current sentences.
On December 10, 2015, former officials such as John Ashcroft, William Barr, Rudolph W. Giuliani, and many others, wrote a letter to Majority Leaders Mitch McConnell and Harry Reid expressing concerns about the S.2123 reforms. In their letter, they stated that they know “firsthand the value of tough mandatory minimum sentences.” They expressed their view that, “Our system of justice is not broken,” and now is not the “time for Congress to disrupt a sentencing regime that strikes…” in their view “the right balance between all interests and has contributed to significant gains in reducing crime.”
In 2007, the United States Sentencing Commission reduced then existing sentences by amending the Sentencing Guidelines for crack cocaine. Over 24,000 offenders were affected by that amendment. According to Ashcroft and his supporters, those drug offenders who had their sentences reduced by the retroactive application of the law in 2007, the recidivism rate was 43.3%. For those drug offenders who served their full sentence before the 2007 amendment, the recidivism rate was 47.8%.
Now, the Sentencing Commission has again amended the Guidelines. In 2014, the Sentencing Commission amended the Guidelines for all drug offenses, and lowered the base offense level by 2 points for drug quantity. The retroactive application will cause the release of approximately 46,000 prisoners in the coming years. Over 14,000 prisoners will be granted early release in the next year.
These numbers have fueled the flames of dissent, and the “bipartisan” Sentencing Reform and Corrections Act is now under fire by “partisan” debates. The push for sentencing reform has prompted coverage by the mainstream media. Everyone has their opinions, from the supporters to the dissenters.